PART III

Statutes, Ordinances and Administrative Regulations

1. What is a An act of legislature.
statute?

2. Parts of a 1. Title
statute 2. Preamble
3 Enacting Clause
4. Body
5. Repealing Clause
6. Saving clause
7. Separability Clause
7. Date of Effectivity
3. Kinds of KINDS OF STATUTES
Statutes 1. General Law – affects the community at large. That which affects all people of the
state or all of a particular class.
2. Special Law – designed for a particular purpose, or limited in range or confined to
a prescribed field of action on operation.
3. Local Law – relates or operates over a particular locality instead of over the whole
territory of the state.
4. Public Law – a general classification of law, consisting generally of constitutional,
administrative, criminal, and international law, concerned with the organization of the
state, the relations between the state and the people who compose it, the
responsibilities of public officers of the state, to each other, and to private persons,
and the relations of state to one another. Public law may be general, local or special
law.
5. Private Law – defines, regulates, enforces and administers relationships among
individuals, associations and corporations.
6. Remedial Statute – providing means or method whereby causes of action may be
affectuated, wrongs redressed and relief obtained.
7. Curative Statute – a form of retrospective legislation which reaches back into the
past to operate upon past events, acts or transactions in order to correct errors and
irregularities and to render valid and effective many attempted acts which would
otherwise be ineffective for the purpose intended.
8. Penal Statute – defines criminal offenses specify corresponding fines
and punishments.
9. Prospective Law – applicable only to cases which shall arise after its enactment.
10. Retrospective Law – looks backward or contemplates the past; one which is
made to affect acts or facts occurring, or rights occurring, before it came into force.
11. Affirmative Statute – directs the doing of an act, or declares what shall be done
in contrast to a negative statute which is one that prohibits the things from being
done, or declares what shall not be done.
12. Mandatory Statutes – generic term describing statutes which requireand not
merely permit a course of action.
4. These include the prohibition of bills of attainder and ex post
Constitutional facto laws, and the requirements for statutory clarity, equal
Limitations of protection, freedom of speech, and privacy.
Statutes
5. Legislative Legislative Power is the authority of Congress to make laws and to
and Other alter or
Powers of repeal them. There are two kinds of legislative powers namely:
Congress 1. Original Legislative Power— This is a power belonging to the
sovereign people and this is supreme.
2. Derivative Legislative Power - This is delegated by the sovereign
people to the legislative bodies and it is subordinate to the original
power of the people.
6. Legislative How A Bill Becomes a Law See this:
Process 1. Preparation of The Bill – Either Senate or HoR https://www.
2. First Reading – House of Origin congress.go
3. Committee Consideration / Action – House of Origin v.ph/legisinfo
 4. Second Reading /?v=process
5. Third Reading
6. Transmittal of The Approved Bill To The Senate
7. Senate Action on Approved Bill Of The House
8. Conference Committee
9. Transmittal of The Bill To The President
10. Presidential Action on The Bill
11. Action on Approved Bill
12. Action on Vetoed Bill
7. Enrolled Bill Under the "enrolled bill doctrine," the signing of a bill by the Speaker
of the House and the Senate President and the certification of the
Secretaries of both Houses of Congress that it was passed are
conclusive of its due enactment.
8. Journal The journal of the proceedings of each House of Congress is no
Entry Rule ordinary record. (Astorga v. Villegas, G.R. No. L-23475, April 30,
1974)

After both houses have given final approval to a bill, a final copy of
the bill, known as the "enrolled bill," shall be printed, and certified
as correct by the Secretary of the Senate and the Secretary General
of the House of Representatives. After which, it will be signed by the
Speaker of the House and the Senate President. 
It may be noted that the enrolled bill theory is based mainly on "the
respect due to coequal and independent departments," which
requires the judicial department "to accept, as having passed
Congress, all bills authenticated in the manner stated." Thus it has
also been stated in other cases that if the attestation is absent and
the same is not required for the validity of a statute, the courts may
resort to the journals and other records of Congress for proof of its
due enactment. This was the logical conclusion reached in a number
of decisions, although they are silent as to whether the journals may
still be resorted to if the attestation of the presiding officers is
present.

9. Void for CONSTITUTIONAL DEFENSES

Vagueness I. Defenses based on a Violation of the Due Process Clause
Doctrine A. The Statute is VOID-FOR- VAGUENESS PRINCIPLE
1. Due Process requires that the terms of a penal statute must be
sufficiently explicit to inform those who are subject to it what conduct
on their part will render them liable to its penalties.
2. The Doctrine that a penal statute is unconstitutional if it does not
reasonably a person on notice as to what the person may not do, or
what the person is required to do. As a rule a statue maybe said to
be vague when it lacks comprehensible standards that “men of
common intelligence must necessarily guess at its meaning and
differ as to its application” It is repugnant to the constitution in two
aspects: (a) it violates due process for failure to accord persons,
especially the parties targeted by it, fair notice of the conduct to
avoid and (b) it leaves law enforcers unbridled discretion in carrying
out its provisions and become an arbitrary flexing of the government
muscle.
3. However an act will be declared void and inoperative on the
ground of vagueness and uncertainty, only upon a showing that the
defect is such that the courts are unable to determine, within any
reasonable degree of certainty, what the legislature intended

B. VOID FOR OVERBREADTH ( Overbroad) PRINCIPLE

1.  A penal statue is unconstitutional if its language is so broad that it
unnecessary interferes with the exercise of constitutional rights, even
though the purpose is to prohibit activities that the government may
 constitutionally prohibit.

2. A statute is overbroad where it operates to inhibit the exercise of

individual freedoms guaranteed by the constitution, such as the
freedom of religion or speech. When it includes within its coverage
not only unprotected activity but also activity protected by the
constitution.

3. This principle applies more to felonies or offenses which conflict

with the freedom of expression  and association such as prosecution
for libel, inciting to rebellion or sedition, and violation of the Election
Code.

Example: In Adiong s. COMELEC ( 207 SCRA 712) the court

declared as void that portion of the Election Code prohibiting the
posting of election propaganda in any place-including private
vehicles- other than in the designated common poster area.

C. VOID FOR LACK OF PUBLICITY

1. The Penal Statue was not publicized in the manner provided for by
the Constitution, such as publication in a newspaper of general
circulation or in the Official Gazette. Hence there is no constructive
note to the public and the principle that “Ignorantia legis nemenem
excusat” will not apply.

II. Defenses Based on the Equal Protection Clause

A. DISCRIMINATORY AND SELECTIVE APPLICATION
1. A Penal Law must apply to all persons who are in the same or
similar situation

2. A statute nondiscriminatory on its face maybe grossly

discriminatory in its operation. Though the law itself be fair on its face
and impartial in appearance, yet, if it is applied and administered by
public authority with an evil eye and unequal; hand, so as to make
unjust and illegal discriminations between persons in similar
circumstances, material  to their rights, there is denial of equal justice
and is prohibited.

3. However, the prosecution of one guilty person while others equally

guilty are not prosecuted, is not, by itself, a denial of the equal
protection of the laws. There must be present an element of ”clear
and intentional or purposeful discrimination:” on the part of the
prosecuting officials.

10. When Civil Code of the Philippines

does a statute ARTICLE 2. Laws shall take effect after fifteen days following the
become completion of their publication either in the Official Gazette or in a
effective newspaper of general circulation in the Philippines, unless it is
otherwise provided.

Administrative Code of the Philippines

SECTION 18. When Laws Take Effect.—Laws shall take effect after
fifteen (15) days following the completion of their publication in the
Official Gazette or in a newspaper of general circulation, unless it is
otherwise provided.
11. When Rules are guidelines and instructions for doing something right. It is https://www.
does a created to manage behavior in an organization or country. They are officialgazett
regulation written principles. On the other hand, regulations are directives made e.gov.ph/198
become in addition to the laws in a particular country. These are arranged 7/07/25/exec
effective according to the places that are missing in the existing system. utive-order-
 no-292-
The Office of the National Administrative Register (ONAR) of the book-
UP Law Center is the country’s official repository of all the viichapter-2-
implementing rules and regulations issued by the different agencies rules-and-
of the Philippine Government.  regulations/

Executive Order No. 292 [BOOK VII/Chapter 2-Rules and

Regulations]

SECTION 3. Filing.—(1) Every agency shall file with the University of

the Philippines Law Center three (3) certified copies of every rule
adopted by it. Rules in force on the date of effectivity of this Code
which are not filed within three (3) months from that date shall not
thereafter be the basis of any sanction against any party or persons.

(2) The records officer of the agency, or his equivalent functionary,

shall carry out the requirements of this section under pain of
disciplinary action.

(3) A permanent register of all rules shall be kept by the issuing

agency and shall be open to public inspection.

SECTION 4. Effectivity.—In addition to other rule-making

requirements provided by law not inconsistent with this Book, each
rule shall become effective fifteen (15) days from the date of filing as
above provided unless a different date is fixed by law, or specified in
the rule in cases of imminent danger to public health, safety and
welfare, the existence of which must be expressed in a statement
accompanying the rule. The agency shall take appropriate measures
to make emergency rules known to persons who may be affected by
them.

12. When An Ordinance is an act adopted by a municipal governing body https://www.l

does an having effect only within the jurisdiction of the municipal government. awphil.net/st
ordinance An ordinance is a municipal law that often imposes a sanction for atutes/repact
take effect? violation. s/ra1991/ra_
7160_1991.h
A Resolution is a statement of policy by the governing body or an tml
order by the governing body that a specific action be taken.
Resolutions usually apply only within the municipal government itself.

RA 7160 Local Government Code of 1991

Section 54. Approval of Ordinances. -

(a) Every ordinance enacted by the sangguniang

panlalawigan, sangguniang panlungsod, or sangguniang
bayan shall be presented to the provincial governor or city or
municipal mayor, as the case may be. If the local chief
executive concerned approves the same, he shall affix his
signature on each and every page thereof; otherwise, he
shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same.
The sanggunian concerned may override the veto of the
local chief executive by two-thirds (2/3) vote of all its
 members, thereby making the ordinance or resolution
effective for all legal intents and purposes.

(b) The veto shall be communicated by the local chief

executive concerned to the sanggunian within fifteen (15)
days in the case of a province, and ten (10) days in the case
of a city or a municipality; otherwise, the ordinance shall be
deemed approved as if he had signed it.

(c) Ordinances enacted by the sangguniang barangay shall,

upon approval by the majority of all its members, be signed
by the punong barangay.

Section 59. Effectivity of Ordinances or Resolutions. -

(a) Unless otherwise stated in the ordinance or the resolution

approving the local development plan and public investment
program, the same shall take effect after ten (10) days from
the date a copy thereof is posted in a bulletin board at the
entrance of the provincial capitol or city, municipal, or
barangay hall, as the case may be, and in at least two (2)
other conspicuous places in the local government unit
concerned.

(b) The secretary to the sanggunian concerned shall cause

the posting of an ordinance or resolution in the bulletin board
at the entrance of the provincial capitol and the city,
municipal, or barangay hall in at least two (2) conspicuous
places in the local government unit concerned not later than
five (5) days after approval thereof.

The text of the ordinance or resolution shall be disseminated

and posted in Filipino or English and in the language
understood by the majority of the people in the local
government unit concerned, and the secretary to the
sanggunian shall record such fact in a book kept for the
purpose, stating the dates of approval and posting.

(c) The gist of all ordinances with penal sanctions shall be

published in a newspaper of general circulation within the
province where the local legislative body concerned belongs.
In the absence of any newspaper of general circulation
within the province, posting of such ordinances shall be
made in all municipalities and cities of the province where
the sanggunian of origin is situated.

(d) In the case of highly urbanized and independent

component cities, the main features of the ordinance or
resolution duly enacted or adopted shall, in addition to being
posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence
thereof the ordinance or resolution shall be published in any
newspaper of general circulation.

13. Equity of Equity of the statute rule is a rule of statutory construction which Civil Code of
the statute says a statute should be interpreted according to the legislators' the
rule purpose and intent, even if this interpretation goes beyond the literal Philippines
meaning of the text. RTICLE 9-10

ARTICLE 9. No judge or court shall decline to render judgment by

reason of the silence, obscurity or insufficiency of the laws. (6)

ARTICLE 10. In case of doubt in the interpretation or application of

laws, it is presumed that the lawmaking body intended right and
justice to prevail. (n)

14. There are three (3) very important constitutional requirements in the CASE: Giron
Constitutional enactment of a statute: v.
Test in the Comelec, G.
Passage of a R. No.
Bill 1.      Every bill passed by Congress shall embrace only one 188179,
subject which shall be expressed in the title thereof.  January 22,
The purposes of this constitutional requirements are: 2013

a. To prevent hodge-podge or log-rolling legislation; CASE:

b. To prevent surprise or fraud upon the legislature; and Tolentino v.
c. To fairly apprise the people, through such publications Sec. of
of legislative proceedings as is usually made, of the Finance,
subjects of legislation that are being considered, in order G.R. No.
that they may have opportunity of being heard thereon 115455,
by petition or otherwise, if they shall so desire. October 30,
2.     No bill passed by either House shall become law unless it 1995 
has passed three readings on separate days, and printed copies
thereof in its final form have been distributed to each member three CASE: Miller
days before its passage. v.
3.      Every bill passed by the Congress shall, before it becomes a Mardo, G.R.
law, be presented to the President. No. L-15138,
July 31,
The executive approval and veto power of the President is the 1961
third important constitutional requirement in the mechanical
passage of a bill.

Repeals of Implied and Express Repeal

Statutes

Latin Principle